The appointment of Archakas in temples constructed as per Agamas shall be governed by the Agamas and not by the Rules framed by the State Government.

JUDGMENT

(Prayer: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records of the respondents pertaining to Rules 2(c), 7(b) (including Annexure II Group B Category XXXIV and Annexure VII Group B Category III) and 9 of the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020 issued in pursuance of G.O.Ms.No.114, Tourism, Culture and Religious Endowments Department, dated 3.9.2020 and quash the same and consequently forbear the respondents from appointing or selecting Archakas and other Agama related personnel in temples in contravention of the agamas, as held by the Supreme Court in the decision in Adi Saiva Sivachariyargal Nala Sangam versus State of Tamil Nadu and another, AIR 2016 SC 209.)

Common Order:

Munishwar Nath Bhandari, CJ.

In the batch of writ petitions, a challenge is made to Rules 2(c), 7(b) [including Annexure II Group B Category XXXIV and Annexure VII Group B Category III] and 9 of the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020 [for brevity, “the Rules of 2020”]. In one writ petition, challenge to Rules 2(g), 11 to 15 and 17 of the Rules of 2020 has also beenmade.

2. The challenge to the aforesaid Rules has been made precisely in reference to Articles 16(5), 25 and 26 of the Constitution of India. It is in regard to the appointment of Archaka/Poojari in those temples where construction, installation of idols and worship of deity is as per Agamas. The case of the petitioners is that ignoring the rituals and customs stipulated in the Agamas, the Rules of 2020 have been framed prescribing eligibility and qualification for different posts, which includes Archaka/Poojari.

3. According to the petitioners, the qualification given under the Rules of 2020 cannot apply for the post of Archaka/Poojari to be appointed in the temples, where construction, installation of idols and worship of deity is as per Agamas. To buttress the argument, a reference of the judgments in the case of Seshammal and others v. State of Tamil Nadu, (1972) 2 SCC 11, and Adi Saiva Sivachariyargal Naia Sangam and others v. Government of Tamil Nadu and another, (2016) 2 SCC 725, has been given.

4. Learned counsel for the petitioners made elaborate arguments in reference to the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [for brevity, “the Act of 1959“] and the Government Order issued in the year 2006, i.e., on 23.5.2006, which was the subject-matter of the decision of the Apex Court in the case of Adi Saiva Sivachariyargal Nala Sangam and others, supra. Ignoring the judgment of the Apex Court in the case supra and Articles 25 and 26, apart from Article 16(5) of the Constitution of India, the respondents enacted the Rules of 2020. Earlier they had come out with the Government Order of 2006, which was not struck down by the Apex Court in the case of Adi Saiva Sivachariyargal Nala Sangam and others, supra, but was made ineffective to the extent it goes contrary to Articles 16(5), 25 and 26 of the Constitution of India.

5. The history of the amendment in the Act of 1959 has also been given. Section 55 of the Act of 1959 was the subject-matter before the Apex Court in the case of Seshammal and others, supra. The Constitution Bench of the Apex Court in the case supra had discussed the issue in regard to the appointment of Archakas in the temple or group of temples, where construction, installation of idols and worship of deity is as per Agamas. The import of the judgment of the Constitution Bench is to follow the customs and rituals as stipulated in the Agamas. It was, however, held that exclusion of some and inclusion of a particular denomination for appointment of Archakas within the Agamas would not violate Article 14 of the Constitution of India, so long as such inclusion/exclusion is not based on criteria of caste, birth or any other constitutionally unacceptable paramete